Schaffer v. Evans

• Decision Date: 09 November 1982
• Citation: 443 N.E.2d 485,457 N.Y.S.2d 237,57 N.Y.2d 992
• Parties: , 443 N.E.2d 485 Martin B. SCHAFFER, Appellant, v. Herbert B. EVANS, as Chief Administrator of the Unified Court System of the State of New York, et al., Respondents.
• Court: New York Court of Appeals Court of Appeals

Page 237

457 N.Y.S.2d 237

57 N.Y.2d 992, 443 N.E.2d 485

Martin B. SCHAFFER, Appellant, v. Herbert B. EVANS, as Chief Administrator of the Unified Court System of the State of New York, et al., Respondents.

Court of Appeals of New York.

Nov. 9, 1982.

Martin B. Schaffer, pro se.

Paul A. Feigenbaum, Michael Colodner and Kenneth Falk, New York City, for Herbert B. Evans, as Chief Administrator of the Unified Court System of the State of New York, respondent.

Robert Abrams, Atty. Gen. (William J. Kogan, Asst. Sol. Gen., and Peter H. Schiff, Asst. Atty. Gen., of counsel), for Edward V. Regan, as Comptroller of the State of New York, respondent.

OPINION OF THE COURT MEMORANDUM.

The order of the Appellate Division, 86 A.D.2d 708, 446 N.Y.S.2d 541, should be affirmed, with costs.

We agree with the Appellate Division that plaintiff's causes of action against the State officials are primarily claims against the State for money damages and as such could only be entertained in the Court of Claims (Court of Claims Act, § 9, subd 4). Nor can it be said that the Appellate Division abused its discretion in not converting this complaint requesting monetary compensation for past services into an article 78 proceeding.

JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER, JJ., concur.

COOKE, C.J., taking no part.

Order affirmed, with costs, in a memorandum.